inclusion clause (Iowa) · Go Syfert
← Iowa issues

inclusion clause in Iowa

7 Iowa opinions name it 2 courts 1966–2026 4 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
State v. Schulergreen
iowa · 2009 · cited in 1 Iowa opinions naming this issue, 2026–2026
1 sentence

2026See id.

11
State v. Fountaingreen
iowa · 2010 · cited in 1 Iowa opinions naming this issue, 2023–2023
1 sentence

2023See State v. Fountain, 786 N.W.2d 260 , 262–63 (Iowa 2010) (“[O]bjections to giving or failing to give jury instructions are waived on direct appeal if not raised before counsel’s closing arguments, and the instructions submitted to the jury become the law of the case.”). 10 Maldonado objected to the inclusion of this instruction at trial, but he does not reprise the challenge on appeal. 21 When asked whether the abuse changed her, Mya said that it had, explaining the “bad thoughts” she has about the abuse are overwhelming.

11
United States v. Draytongreen
scotus · 2002 · cited in 1 Iowa opinions naming this issue, 2022–2022
1 sentence

2022Bohns, The Voluntariness of Voluntary Consent: Consent Searches and the Psychology of Compliance, 128 Yale L.J. 1962 , 1969 (2019) [hereinafter Sommers & Bohns]. 170United States v. Drayton, 536 U.S. 194, 212 (2002) (Souter, J., dissenting).

11
Scherk v. Alberto-Culver Co.green
scotus · 1974 · cited in 1 Iowa opinions naming this issue, 2022–2022
1 sentence

2022Id. at 346–47; accord Scherk v. Alberto-Culver Co., 417 U.S. 506 , 520 n.14 (1974) (stating every allegation of fraud does not render a forum-selection clause unenforceable; rather, a “forum-selection clause in a contract is not enforceable if the inclusion of the clause in the contract was the product of fraud or coercion”). 7 We need not decide whether the note’s forum-selection clause is valid and enforceable.

11
Karty v. Mid-America Energy, Inc.green
massappct · 2009 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020Energy, Inc., 903 N.E.2d 1131, 1135 (Mass. App. Ct. 2009) (“[B]ecause the allegations set out in Karty’s complaint and amended complaint speak only to fraud in the inducement as to the entire subscription agreement and fail to allege or set out any facts concerning the specific question whether 14 the forum-selection clause was obtained by fraud, we see no error in the dismissal of his complaint.”); Paradise Enters.

11
IFC Credit Corp. v. Rieker Shoe Corp.green
illappct · 2007 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020App. Ct. 2013) (“[I]n order to invalidate the clause on the ground of fraud and overreaching, the fraud alleged must be specific to the forum selection clause itself.” (quoting IFC Credit Corp. v. Rieker Shoe Corp., 881 N.E.2d 382, 395 (Ill.

11
Brandt v. MillerCoors, LLCgreen
illappct · 2013 · cited in 1 Iowa opinions naming this issue, 2020–2020
1 sentence

2020Ct. App. 2004) (“When it claims that a forum selection clause is invalid based on fraud, the party must show that the clause itself is the product of the fraud or that the fraud caused the inclusion of the clause in the agreement.”); Brandt v. MillerCoors, LLC, 993 N.E.2d 116, 122 (Ill.

11
Banner v. Raisin Valley, Inc.green
ohnd · 1998 · cited in 1 Iowa opinions naming this issue, 2016–2016
1 sentence

2016The court also observed that the contrary interpretation reached in other Ohio cases “was dictated by the inclusion of a standard policy definition of the term ‘accident’ as ‘a sudden, unexpected and unintended event, or a continuous or repeated exposure to substantially the same conditions.’ ” Id. at 372; see Banner, 31 F.Supp.2d at 592 ; Progressive Preferred Ins.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Prima Paint Corp. v. Flood & Conklin Mfg. Co. green
scotus · 1967
2 sentences

2020Cf. Prima Paint Corp., 388 U.S. 395 , 87 S. Ct. 1801 .

2020Cf. Prima Paint Corp., 388 U.S. 395 , 87 S. Ct. 1801 .

12020–2020
Nick v. United States green
ca8 · 1941
1 sentence

1966The procedure used here is approved in Nick v. United States, 8 Cir., 122 F.2d 660, 674 , 138 A. L.

11966–1966

Where else courts name it

TX 125 (1973–2026) NY 35 (1906–2021) CA 27 (1923–2024) IL 25 (1934–2021) FL 20 (1931–2013) OH 16 (1939–2026) CT 15 (1966–2022) MO 13 (1960–2017) LA 11 (1982–2017) GA 11 (1943–2020) NJ 10 (1962–2018) MA 10 (1957–2014) PA 10 (1973–2023) MS 10 (1994–2026) CO 9 (1971–2026) IN 9 (1986–2020) MI 8 (1982–2023) IA 7 (1966–2026) MN 6 (1956–2007) AL 6 (1916–2016) NC 6 (1992–2013) OR 6 (1975–2022) WI 6 (1977–2024) WV 5 (1992–2010) MD 5 (1931–2019) AZ 5 (1947–2023) KY 4 (1926–1986) OK 4 (2000–2014) TN 4 (1997–2026) NE 4 (1958–2020) VT 4 (1984–2012) ID 4 (1932–2023) VA 4 (1997–2021) ND 3 (1977–1983) WA 3 (2018–2024) KS 3 (2005–2022) NM 3 (1965–2020) DE 3 (2010–2013) ME 3 (1990–2023) DC 3 (1995–2023) SC 2 (1964–2016) AR 2 (1984–2010) MT 2 (1934–1980) AK 2 (1985–2009) HI 2 (2005–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check